What happens to my mum if I die ?

[diablo]

I had to put my mum into a dementia care home a year ago as the social services people told me I had no choice. Though she does seem quite happy where she is and I take her out two or three times a week.

Now one of my cousins is over from Egypt (she isn't Egyptian, just lives there) and reminded me to think about what would happen to mum if I were to die before she does.

I'm only 60 but not in good health so that is quite possible.

I have enduring power of attorney but of course that dies with me and I don't think I can nominate anyone else to take it over. I'm assuming that social services take over all assets and administer them, is that correct?

As I am her only son and closest relative is there anything I can do to get somebody I trust to have input into what happens to her if I die.

I'm hoping to outlive her of course but I'd be reassured if there was some plan I could put in place to ensure she gets the best possible care if I don't.

Thanks in advance for any advice.

 

[Nebiroth]

Yes, your enduring power of attorney (which I assume is the old EPA, thus, for financial matters only) would die with you and you can't nominate someone to take over, since only your mum is able to nominate anyone to act on her behalf.

In the abcense of someone with power of attorney, presuming your mum now lacks 'mental capacity' to appoint one and there is no other individual willing to apply to the Court of Protection for deputyship (which works like a power of attorney, except the Court appoints someone to manage someone else's affairs) then it is normal for the local authority itself to apply for deputyship. They would then manage your mum's financial affairs as you do now. It's a fairly common arrangement. Alternatively, the Court may award deputyship to an independent third party - often a solicitor specialising in this, who would act in the same way.

 

[diablo]

Thank you very much for this info.

So if I were to approach the relatives I think best suited to possibly apply for deputyship and also inform social services who they are then maybe that will be a help to mum if I'm gone.

Is the process of applying for deputyship very complicated? The expense (if any) will be covered in my will (when I get round to making one) so the cost is not important. I just want somebody with her best interests to be in some sort of control.

 

[Bedelia]

I have been worrying about this too, Diablo. I'm an only child (46) and have recently gained Deputyship to manage mum's affairs. (It takes at least 3 months, longer if the court has a backlog. The most onerous part for the applicant is gathering the financial information needed to fill in the forms - bank and savings details, investments, assets, pension, income and regular expenses - and waiting for the doctor or psychiatrist to fill in their part stating the person's lack of capacity. The basic court cost is £400, with a guarantor's bond based on a percentage of the assets, payable on the order being granted and annually thereafter. These costs can all be claimed back from the person's assets, once the order has been granted.)

My mum has been in care since last September, and I am in the process of clearing out her house to sell it to meet the fees in the long term.

Some years ago, I made a will leaving all my assets to her should I die first, and had drawn up an EPA giving three of my friends power of attorney to manage my affairs, should I be incapable.

But two of them are much older than me and have had some life-changing events since the document was drawn up, which mean they already have more than enough to contend with; and the third friend is my contemporary. As things stand, these three still have power of attorney for my affairs, if I were in an accident for instance and rendered in a coma or brain-damaged. But I don't know what that would mean for my mum's affairs if I were incapable of handling those, given that only I have Deputyship for her and this would presumably not be transferrable to my attorneys.

I am thinking of drawing up a new will to take account of the more recent developments, but don't know who to appoint to take over mum's care and financial management, given that we have no immediate family in this country and her friends are all very elderly and would not be able to cope, even if they were still living should this scenario come to pass. My solicitor (also older than me) does not know my mum and is in a different city from her 100 miles away; her solicitor may now be approaching retirement himself, although perhaps his firm might be an option?

Presumably the Court of Protection would take over if there was no-one else, but is there any way to make provision for this in advance, so that there would be no hiatus in paying care fees, for instance? I would hate to think my mum could be in limbo for months and maybe transferred out of her very good care home to a cheaper local authority one, despite the assets existing to cover her fees, just because the funds could not be accessed. Anyone have any ideas?

 

[Bedelia]

FYI, re Deputyship:

http://www.direct.gov.uk/en/Governm...helaw/Makingdecisionsforsomeoneelse/DG_176235

 

[Onlyme]

Some years ago, I made a will leaving all my assets to her should I die first, and had drawn up an EPA giving three of my friends power of attorney to manage my affairs, should I be incapable.

But two of them are much older than me and have had some life-changing events since the document was drawn up, which mean they already have more than enough to contend with; and the third friend is my contemporary. As things stand, these three still have power of attorney for my affairs, if I were in an accident for instance and rendered in a coma or brain-damaged.

You should have made it jointly and severally otherwise if one dies then the other two can't use the document. I know that in Scotland if all but one die then the remaining attorney can carry on alone.

 

[Bedelia]

@Onlyme, yes, I have done that. But it doesn't address the problem of what would happen to my mum, for whom I now have sole deputyship (because there is no-one else for her affairs). My power of attorney only covers my own affairs (and, as described, I am now conscious that my nominated deputies may now be less able than they were when I drew up the document and that ideally one should have someone younger than oneself, but I just don't have anyone that fits the bill).

I suppose what I asking is, can one specify in one's own will or EPA arrangements for the care of a parent, for whom one has sole deputyship? And if so, who should I nominate, given the above conditions of having no other immediate family or (mum's) friends of an appropriate age?